St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-11-02
is 1T INTERSTATE COMMERCE.?

the committee took look over the jail
building to see what could be done.
is 1T INTERSTATE COMMERCE?
Arguments in the United States
Courts on Switching Charges
Court Notes.
Some of the best legal talent got to-
gether in Judge Nelson's court room
yesterday, and long and logical were
the arguments, and numerous the old
cases, presidents, and authorities reSur-
rected from dusty law books. 1t was
all about those Minneapolis transfer and
switching charges.
Last summer J. 7. Avery, Mr.. Wood
ward and other Minneapolis commission
and grain men commenced a vigorous
protest before the state railroad COM
mission against the Manitoba rood and
other companies in Minneapolis charg-
ing so high switching and transfer
charges as Sl.50 per car. The state COM
mission investigated the matter, and
meeting was held with Mr.. Marvel, but
the grain men did not seem to get SaHS-
fed until the state commission made an
arbitrary order that 81 per car should be
the uniform switching rate for all CON-
panieS doing business in Minneapolis.
As usual. the railroad companies began
to appeal to the courts. Appeals were
filed by the Manitoba, the Milwaukee
and the Omaha roads IN both the dis
trict courts of Hennepin and Ramsey
counties. The Hennepin county cases
will come I'D about the 1St of December.
The Omaha and the Milwaukee roads
also filed applications in the United
SN.4n sa.-l-i for in,
junction to restrain the state RAILROAD
commission from enforcing its 81 order.
Attorney General Clapp, for the COM
mission, filed an answer, supported by
the affidavitS of c.. H. Petit and Mr..
Woodward, and yesterday the argument
began on the order from Judge Nelson
requiring the commission to show cause
why the Injunction should not be issued.
Attorney General Clapp appeared for
the commission, and he made vigorous
argument for over two hours. After
dinner Judge C. Z. Flandrau and J. II.
Norris took up the case of the Milwau-
kee road. Messrs. Flannery and Cook,
of Minneapolis, were on hand to pre-
sent the grievances of the Minneapolis
grain menin a legal light and Judge
Howe and Mr.. Perrin were around wait
ing for the turn of the Omaha road to
come.
WHO HAS JURISDICTION?
The state commission, as advocated by
the attorney general, denies the juriS-
diction of the United States courts on
four propositions. 1t claims that the
roads are domestic corporations, there
fore subject to state control; that the
traffic intended to be regulated is state
traffic; that the United States court has
no right to Interfere with the exercise
by the commission of its powers as such
commission, and that the statute makes
all necessary provision for the appeal Of
railroad companies from such orders
and for having these orders tested in a
direct proceeding.
Messrs. Flandrau and Norris, for the
Milwaukee road, responded. They held
that the state laws do not affect their
corporation, because it is foreign cor
pOration, organized under the laws of
Wisconsin, and obtaining ingress
into and controlling line
through Minnesota because of its ac-
the st. Paul Il Chicago roads: that of
all its traffic so per cent is interstate,
and that the equitable jurisdiction of
the United States court is sufficient for
it to exercise its judicial powers in all
such cases as the present. The COM
pany takes the same position that it did
during the hearing before the state
commission, viz: That the state COM
mission does not have Jurisdiction to
enforce the Milwaukee company to
comply with its order, because, first,
the company is foreign corporation,
not even a citizen of Minnesota, and
second, the business of the road is in
terstate. and therefore subject only to
interstate jurisdiction. The argument
will be resumed to-day. Mr.. Norris did
not have time yesterday afternoon to
complete his effort.
SUPREME COURT.
In the supreme court yesterday the
case of the State VS.. Peter CZizek was
submitted on briefs; those of the State
VS.. Peter Johnson and r. NJ. Probel-
| field VS.. Peter CZIZek were argued and
submitted, while the cases of J.J. Smith
ct al. VS.. J. Z. SkOpStad and NJ. Peters
! VS.. Thomas Thompson were dismissed.
| NOTES.
Considering that short time ago GeorgeW
Sweet as guardian for the insane person,
| Hiram VI. Ranney, commenced heavy dam
| age suit against the st. Paul d Duluth road
| for running its right of way on Ranney 5
| property near Bald Eagle. the st. Paul & Du-
! luth yesterday commenced counter suit in
| condemnation proceedings. IL asks for The
appointment Of commissioners. and states
that it wants the property for right of way
| for additional side tracks and yard purposes.
| Those whose interests are now involved are
| Ranney c. Tart, Ella j. Cobb, Joseph II.
| Simpson, Robert Wharton and W. G. Beach.
the land being liens all in the vicinity of Bald
Eagle and White Bear.
The arguments in the suit of James L.
| Holman against William Keil were submitted
yesterday, and Judge Brill has taken the case
under advisement. 1t was brought to enforce
a real estate contract, and involves lot g,
block 3. Joel Whitney's addition, valued at
| $4,000.
The jury in Judge Kelly's courtwas en-
gagged yesterday in hearing the appeal of C.
| n. Bell from the Minneapolis d st. Croix
condemnation proceedings. Messrs G.. d.
| O'Brien and Larrabee conducted the case for
the road and Horn and Bell for the appel
| liant
The Edwards case. for the shooting of Po-
| hceman Roenisch, was postponed yesterday
! until Thursday morning. ". W. Erwin, for
the defense, is ready, but the court Is about
! fifteen cases behind on the civil calendar.
In the case of Hersey Bean d Brown
against George w. Walso, the motion of de
Judge Wilkin on the grounds of ineXcus;IDle
delay and contempt.
The Shirk VS.. Burbank case is still on trial
before Judge Simons.
The W. w. kimball company has brought
| a repleYin suit against n. Michaud for q
| piano.
NJ. d. Grover was admitted 10 practice in
| the United States courts on Col. Clough's mo-
ton.
/